SB301,23,123
48.423
(1) Rights to paternity determination. If a person appears at the
4hearing and claims that he is the father of the child, the court shall set a date for a
5hearing on the issue of paternity or, if all parties agree, the court may immediately
6commence hearing testimony concerning the issue of paternity. The court shall
7inform the person claiming to be the father of the child of any right to counsel under
8s. 48.23. The person claiming to be the father of the child must prove paternity by
9clear and convincing evidence. A person who establishes his paternity of the child
10under this section may further participate in the termination of parental rights
11proceeding only if the person meets the conditions specified in sub. (2) or meets a
12condition specified in s. 48.42 (2)
or (b) or (bm).
Note: Corrects citation error.
Note: There is no conflict of substance. As merged by the revisor, s. 48.685 (1) (c)
reads:
(c) "Serious crime" means a violation of s. 940.19 (3), 1999 stats., a violation of s.
940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (4), (5) or (6), 940.22 (2) or (3), 940.225
(1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05,
948.055, 948.06, 948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1),
948.30, or 948.53 or a violation of the law of any other state or United States jurisdiction
that would be a violation of s. 940.19 (3), 1999 stats., or a violation of s. 940.01, 940.02,
940.03, 940.05, 940.12, 940.19 (2), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3),
940.285 (2), 940.29, 940.295, 948.02 (1) or (2), 948.025, 948.03 (2), 948.05, 948.055,
948.06, 948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), 948.30,
or 948.53 if committed in this state.
Note: There is no conflict of substance. As merged by the revisor s. 48.981 (1) (b)
reads:
(b) "Community placement" means probation; extended supervision; parole;
aftercare; conditional transfer into the community under s. 51.35 (1); conditional transfer
or discharge under s. 51.37 (9); placement in a Type 2 residential care center for children
and youth or a Type 2 juvenile correctional facility authorized under s. 938.539 (5);
conditional release under s. 971.17; supervised release under s. 980.06 or 980.08;
participation in the community residential confinement program under s. 301.046, the
intensive sanctions program under s. 301.048, the corrective sanctions program under s.
938.533, the intensive supervision program under s. 938.534, or the serious juvenile
offender program under s. 938.538; or any other placement of an adult or juvenile
offender in the community under the custody or supervision of the department of
corrections, the department of health and family services, a county department under s.
46.215, 46.22, 46.23, 51.42, or 51.437 or any other person under contract with the
department of corrections, the department of health and family services or a county
department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to exercise custody or
supervision over the offender.
Note: There is no conflict of substance. As merged by the revisor, s. 49.45 (6m) (ag)
(intro.) reads:
(ag) Payment for care provided in a facility under this subsection made under s.
20.435 (4) (b), (gp), (o), (pa), or (w) shall, except as provided in pars. (bg), (bm), and (br),
be determined according to a prospective payment system updated annually by the
department. The payment system shall implement standards that are necessary and
proper for providing patient care and that meet quality and safety standards established
under subch. II of ch. 50 and ch. 150. The payment system shall reflect all of the following:
SB301,25,158
49.497
(1m) (a) If, after notice that an incorrect payment was made, a recipient,
9or parent of a minor recipient, who is liable for repayment of an incorrect payment
10fails to repay the incorrect payment or enter into, or comply with, an agreement for
11repayment, the department may bring an action to enforce the liability or may issue
12an order to compel payment of the liability. Any person aggrieved by an order issued
1by the department under this paragraph may appeal the order as a contested case
2under ch. 227 by filing with the department a request for a hearing within 30 days
3after the date of the order. The only issue at the hearing shall be the determination
4by the department that the person has not repaid the incorrect payment or entered
5into, or complied with, an agreement for repayment.
If, after notice that an incorrect
6payment was made, a recipient, or parent of a minor recipient, who is liable for
7repayment of an incorrect payment fails to repay the incorrect payment or enter into,
8or comply with, an agreement for repayment, the department may bring an action
9to enforce the liability or may issue an order to compel payment of the liability. Any
10person aggrieved by an order issued by the department under this paragraph may
11appeal the order as a contested case under ch. 227 by filing with the department a
12request for a hearing within 30 days after the date of the order. The only issue at
13hearing shall be the determination by the department that the person has not repaid
14the incorrect payment or entered into, or complied with, an agreement for
15repayment.
Note: The text of s. 49.497 (1m) (a) was inadvertently repeated in the treatment
of that provision by
2005 Wis. Act 254. The repeated language is not shown in the printed
statutes.
Note: There is no conflict of substance. As merged by the revisor, s. 50.065 (1) (e)
2. reads:
2. For the purposes of an entity that serves persons under the age of 18, "serious
crime" includes a violation of s. 948.02 (2), 948.03 (2) (b) or (c), 948.05, 948.055, 948.06,
948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), 948.30, or
948.53 or a violation of the law of any other state or United States jurisdiction that would
be a violation of s. 948.02 (2), 948.03 (2) (b) or (c), 948.05, 948.055, 948.06, 948.07, 948.08,
948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1), 948.30, or 948.53 if committed
in this state.
SB301,26,63
50.09
(1) (f) 1.
`Privacy for visits by spouse.
' If both spouses are residents of the
4same facility, they shall be permitted to share a room unless medically
5contraindicated as documented by the resident's physician or advanced practice
6nurse prescriber in the resident's medical record.
Note: The single quote marks were inserted without being underscored. No
change was intended.
SB301,26,139
50.14
(4) Sections 77.59 (1) to (5m), (6) (intro.), (a) and (c) and (7) to (10), 77.60
10(1) to (7), (9) and (10), 77.61 (9) and (12) to (14) and 77.62, as they apply to the taxes
11under subch. III of ch. 77, apply to the assessment under this section, except that the
12amount of any assessment collected under s. 77.59 (7) in excess of $13,800,000
45
13percent in a fiscal year shall be deposited in the Medical Assistance trust fund.
Note: There is no conflict of substance. As merged by the revisor, s. 50.39 (3) reads:
(3) Facilities governed by ss. 45.50, 48.62, 49.70, 49.72, 50.02, 51.09, and 252.10,
juvenile correctional facilities as defined in s. 938.02 (10p), correctional institutions
governed by the department of corrections under s. 301.02, and the offices and clinics of
persons licensed to treat the sick under chs. 446, 447, and 448 are exempt from ss. 50.32
to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board,
physical therapists affiliated credentialing board, podiatrists affiliated credentialing
board, dentistry examining board, pharmacy examining board, chiropractic examining
board, and board of nursing in carrying out their statutory duties and responsibilities.
Note: There is no conflict of substance. As merged by the revisor s. 51.05 (2) reads:
(2) Admissions authorized by counties. The department may not accept for
admission to a mental health institute any resident person, except in an emergency,
unless the county department under s. 51.42 in the county where the person has
residence authorizes the care under s. 51.42 (3) (as). Patients who are committed to the
department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17,
975.06, or 980.06, admitted by the department under s. 975.17, 1977 stats., or are
transferred from a juvenile correctional facility or a secured residential care center for
children and youth to a state treatment facility under s. 51.35 (3) or from a jail or prison
to a state treatment facility under s. 51.37 (5) are not subject to this section.
Note: There is no conflict of substance. As merged by the revisor s. 51.30 (4) (b)
8m. reads:
8m. To appropriate examiners and facilities in accordance with s. 54.36 (3), 971.17
(2) (e), (4) (c), and (7) (c). The recipient of any information from the records shall keep the
information confidential except as necessary to comply with s. 971.17.
SB301,27,125
51.42
(3) (aw) 1. d. Provide treatment and services that are specified in a
6conditional release plan approved by a court for a person who is a county resident and
7is conditionally released under s. 971.17 (3) or (4) or that are specified in a supervised
8release plan approved by a court under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003
9stats., or s. 980.08
(b) (4) (g). If the county department provides treatment and
10services under this subdivision, the department of health and family services shall,
11from the appropriation under s. 20.435 (2) (bj), pay the county department for the
12costs of the treatment and services.
Note: Deletes the paragraph designation of a cross-reference inserted by
2005
Wis. Act 431, but rendered surplusage by the removal of the subsection portion of the
cross-reference by
2005 Wis. Act 434.
Note: There is no conflict of substance. As merged by the revisor s. 51.61 (1) (o)
reads:
(o) Except as otherwise provided, have a right not to be filmed or taped, unless the
patient signs an informed and voluntary consent that specifically authorizes a named
individual or group to film or tape the patient for a particular purpose or project during
a specified time period. The patient may specify in the consent periods during which, or
situations in which, the patient may not be filmed or taped. If a patient is adjudicated
incompetent, the consent shall be granted on behalf of the patient by the patient's
guardian. A patient in Goodland Hall at the Mendota Mental Health Institute, or a
patient detained or committed under ch. 980 and placed in a facility specified under s.
980.065, may be filmed or taped for security purposes without the patient's consent,
except that such a patient may not be filmed in patient bedrooms or bathrooms without
the patient's consent unless the patient is engaged in dangerous or disruptive behavior.
A treatment activity involving a patient committed or detained under ch. 980 may be
filmed or taped if the purpose of the recording is to assess the quality of the treatment
activity or to facilitate clinical supervision of the staff involved in the treatment activity.
SB301, s. 78
1Section
78. 54.44 (5m) (title) of the statutes is created to read:
SB301,28,22
54.44
(5m) (title)
Participation by interested persons.
Note: The other subsections in s. 54.44 have titles.
SB301,29,55
59.10
(3) (cm) 1. `Number of supervisors; redistricting.' Except as provided in
6subd. 3, following the enactment of a decennial supervisory district plan under par.
7(b), the board may decrease the number of supervisors. In that case, the board shall
8redistrict, readjust, and change the boundaries of supervisory districts, so that the
9number of districts equals the number of supervisors, the districts are substantially
10equal in population according to the most recent countywide federal census, the
11districts are in as compact a form as possible, and the districts consist of contiguous
12whole wards in existence at the time at which the redistricting plan is adopted. In
13the redistricting plan, the board shall adhere to the requirements under par. (b) 2.
14and 3. with regard to contiguity and shall, to the extent possible, place whole
15contiguous municipalities or contiguous parts of the same municipality within the
16same district. In redistricting under this subdivision, the original numbers of the
17districts in their geographic outlines, to the extent possible, shall be retained. No
18plan may be enacted under this subdivision during review of the sufficiency of a
1petition filed under subd. 2. nor after a referendum is scheduled on such a petition.
2However, if the electors of the county reject a change in the number of supervisory
3districts under subd. 2., the board may then take action under this subdivision except
4as provided in subd. 3. The county clerk shall file a certified copy of any redistricting
5plan enacted under this subdivision with the secretary of state.
SB301,29,108
59.35
(5) A person holding office under this section may also serve as
a an 9emergency medical technician, a first responder, a fire fighter or a chief, deputy chief
10or assistant chief of a fire department.
Note: Inserts correct article.
SB301, s. 82
13Section
82. 66.0403 (1) (h) of the statutes is amended to read:
SB301,29,1514
66.0403
(1) (h) "Owner" means at least one owner, as defined under s. 66.0217
15(1)
(c) (d), of a property or the personal representative of at least one owner.
Note: Corrects cross-reference. "Owner" is defined at s. 66.0217 (1) (d).
SB301, s. 83
16Section
83. 70.111 (3m) of the statutes is amended to read:
SB301,29,2217
70.111
(3m) Charter sport fishing boats. Motorboats, and the equipment
18used on them, which are regularly employed in carrying persons for hire for sport
19fishing in and upon the outlying waters, as defined in s. 29.001 (63), and the rivers
20and tributaries specified in s.
29.191 (5) 29.2285 (2) (a) 1. and 2. if the owner and all
21operators are licensed under s. 29.512 or under s. 29.514 or both and by the U.S. coast
22guard to operate the boat for that purpose.
SB301,30,73
71.07
(3w) (c) 1. If the allowable amount of the claim under this subsection
4exceeds the taxes otherwise due on the claimant's income under s. 71.02, the amount
5of the claim that is not used to offset those taxes shall be certified by the department
6of revenue to the department of administration for payment by check, share draft,
7or other draft drawn from the appropriation under s. 20.835 (2)
(cm) (co).
Note: Section 20.835 (2) (cm), as created by
2005 Wis. Act 361, is renumbered to
s. 20.835 (2) (co) by this bill.
SB301,30,1910
71.08
(1) Imposition. (intro.) If the tax imposed on a natural person, married
11couple filing jointly, trust, or estate under s. 71.02, not considering the credits under
12ss. 71.07 (1), (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx), (2fd),
(3c), (3e), (3m),
13(3n), (3s), (3t), (3w), (5b), (5d), (5e),
(5f), (6), (6e), and (9e), 71.28 (1dd), (1de), (1di),
14(1dj), (1dL), (1ds), (1dx), (1fd), (2m), (3), (3n), (3t), and (3w), and 71.47 (1dd), (1de),
15(1di), (1dj), (1dL), (1ds), (1dx), (1fd), (2m), (3), (3n), (3t), and (3w), and subchs. VIII
16and IX and payments to other states under s. 71.07 (7), is less than the tax under this
17section, there is imposed on that natural person, married couple filing jointly, trust
18or estate, instead of the tax under s. 71.02, an alternative minimum tax computed
19as follows:
Note: The creation of s. 71.07 (3c) and (3e) was removed from
2005 Wis. Act 361 by the governor's partial veto.
2005 Wis. Act 483 amended this subsection to insert "(5f),"
but
2005 Wis. Act 479 repealed and recreated the provision without taking the Act 483
treatment into account.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act
25 also created a provision numbered s. 71.10 (5g).
Note: There is no conflict of substance. As merged by the revisor, s. 71.10 (6) (a)
reads:
(a)
Joint returns. Persons filing a joint return are jointly and severally liable for
the tax, interest, penalties, fees, additions to tax and additional assessments under this
chapter applicable to the return. Except as provided in par. (e), a person shall be relieved
of liability in regard to a joint return in the manner specified in section
6015 (a) to (d) and
(f) of the Internal Revenue Code.
Note: There is no conflict of substance. As merged by the revisor, s. 71.10 (6) (b)
reads:
(b)
Separate returns. Except as provided in par. (e), a spouse filing a separate
return may be relieved of liability for the tax, interest, penalties, fees, additions to tax and
additional assessments under this chapter in the manner specified in section
66 (c) of the
Internal Revenue Code. The department may not apply ch. 766 in assessing a taxpayer
with respect to marital property income the taxpayer did not report if that taxpayer failed
to notify the taxpayer's spouse about the amount and nature of the income before the due
date, including extensions, for filing the return for the taxable year in which the income
was derived. The department shall include all of that marital property income in the
gross income of the taxpayer and exclude all of that marital property income from the
gross income of the taxpayer's spouse.
Note: There is no conflict of substance. As merged by the revisor, s. 71.10 (6m) (a)
reads:
(a) Except as provided in par. (c), a formerly married or remarried person filing a
return for a period during which the person was married may be relieved of liability for
the tax, interest, penalties, fees, additions to tax and additional assessments under this
chapter from that period as if the person were a spouse under section
66 (c) of the Internal
Revenue Code. The department may not apply ch. 766 in assessing the former spouse of
the person with respect to marital property income that the former spouse did not report
if that former spouse failed to notify the person about the amount and nature of the
income before the due date, including extensions, for filing the return for the taxable year
during which the income was derived. The department shall include all of that marital
property income in the gross income of the former spouse and exclude all of that marital
property income from the gross income of the person.
Note: There is no conflict of substance. As merged by the revisor, s. 71.26 (1) (be)
reads:
(be) Certain authorities. Income of the University of Wisconsin Hospitals and
Clinics Authority, of the Health Insurance Risk-Sharing Plan Authority, of the Fox River
Navigational System Authority, and of the Wisconsin Aerospace Authority.
SB301,32,73
71.28
(3w) (c) 1. If the allowable amount of the claim under this subsection
4exceeds the taxes otherwise due on the claimant's income under s. 71.23, the amount
5of the claim that is not used to offset those taxes shall be certified by the department
6of revenue to the department of administration for payment by check, share draft,
7or other draft drawn from the appropriation under s. 20.835 (2)
(cm) (co).
Note: Section 20.835 (2) (cm), as created by
2005 Wis. Act 361, is renumbered to
s. 20.835 (2) (co) by this bill.
SB301,32,1410
71.47
(3w) (c) 1. If the allowable amount of the claim under this subsection
11exceeds the taxes otherwise due on the claimant's income under s. 71.43, the amount
12of the claim that is not used to offset those taxes shall be certified by the department
13of revenue to the department of administration for payment by check, share draft,
14or other draft drawn from the appropriation under s. 20.835 (2)
(cm) (co).
Note: Section 20.835 (2) (cm), as created by
2005 Wis. Act 361, is renumbered to
s. 20.835 (2) (co) by this bill.
Note: There is no conflict of substance. As merged by the revisor, s. 71.93 (5) reads:
(5) Debtor charged for costs. Each debtor shall be charged for administration
expenses, and the amounts charged shall be credited to the department's appropriation
under s. 20.566 (1) (h). The department may set off amounts charged to the debtor under
this subsection against any refund owed to the debtor, in the manner provided in sub. (3).
Annually on or before November 1, the department shall review its costs incurred during
the previous fiscal year in administering state agency setoffs and reductions and shall
adjust its subsequent charges to each debtor to reflect that experience.
Note: There is no conflict of substance. As merged by the revisor, s. 71.935 (5)
reads:
(5) Each debtor shall be charged for administration expenses, and the amounts
charged shall be credited to the appropriation account under s. 20.566 (1) (h). The
department may set off amounts charged to the debtor under this subsection against any
refund owed to the debtor, in the manner provided in sub. (3). Annually on or before
November 1, the department shall review its costs incurred during the previous fiscal
year in administering setoffs and reductions under this section and shall adjust its
subsequent charges to each debtor to reflect that experience.